Jon Aston
New Member
Interesting, real-life look at the risks involved in drawing too much, um... inspiration from someone else's creative work: Kind of Screwed.
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"Fair Use" in Copyright
- Thread starter Jon Aston
- Start date
GypsyGraphics
New Member
the timing of this thread is perfect! going to court in a few weeks as an expert witness in a logo copyright infringement case. should be a blast!
interesting to read a thief's (albeit ignorant) story
interesting to read a thief's (albeit ignorant) story
Billct2
Active Member
I'm beginning to think some of the lines being drawn are arbitrary and inconsistant.
For instance the tatto artist that recently sued ( and settled out of court) for the parody of his Mike Tyson face ink in Hangover 2. I wonder if magazines like Mad and National Lampoon could even exist today as they did when I was growing up.
For instance the tatto artist that recently sued ( and settled out of court) for the parody of his Mike Tyson face ink in Hangover 2. I wonder if magazines like Mad and National Lampoon could even exist today as they did when I was growing up.
Fred Weiss
Merchant Member
Wouldn't they fall under satire and be exempt?
shakey0818
New Member
I think its clear its a copyright violation.Do you think it would be ok for me to get the Nike swoosh tattooed on my head.It might be a simple design but he did design it and go through the proper channels to copyright it.So what your saying is that all these design that sign makers make and copyright can be used by anybody without permission of the designer.
Locals Find!
New Member
I got a fair use question. Please don't crucify me as I am just trying to better understand this and keep myself on the straight and true path.
I vectorized this royalty free image I purchased a 1 time use license for. (Image #1) Did I violate any copyright or fair use rules? My license didn't say anything about vectorization of the artwork. I only have used it 1 place also for some business cards for a client. (Image #2)
I vectorized this royalty free image I purchased a 1 time use license for. (Image #1) Did I violate any copyright or fair use rules? My license didn't say anything about vectorization of the artwork. I only have used it 1 place also for some business cards for a client. (Image #2)
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Billct2
Active Member
If it's parody or satire, absolutley. There is a distinction between another tattoo artist copying someones tattoo design and a movie making fun of that design.
the question of satire, parody or even "tribute"
and that isn't to this discussion, we're talking about derivative art and whne is it no longer a copy and when does it become an original in it's own right along with the
the question of satire, parody or even "tribute"
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iSign
New Member
if you didn't read the story Jon linked to, you won't know what is being discussed here... if you did read it, you should know that your post has almost no bearing on the topic at hand and while may be an interesting discussion in another thread... it serves as little more that a distraction to this topic...
over simplification rarely helps... in my opinion...
This is a complex issue, and nothing any of us can do will make it less complex... so to discuss it, is to accept the complexities of the topic, and deal with them, or avoid the topic altogether...
If a guy who thought he understood where the line is drawn involving parody or satire with regard to derivative works is now out countless hours & $32,000.00... and his blog identifies numerous similar occurrences where rulings were contradictory... and where judge and/or jury findings were contradictory... I think this would establish that this is (& will remain) a complex issue.
I have little doubt that some of the usual know-it-all suspects may chime in with the be-all end-all answer to this question... but until they've walked as far down this path as the guy who forked over the $32K.. I'm gonna guess they have less to offer to the conversation.
Adtechia.. you want opinions of your clip art purchase, and subsequent usage? I'm going to suggest that your question could result in a very informative discussion.. possibly also worthy of it's own thread... provided you take one additional step first. Go find the exact image from that specific company you purchased it from, and based on the exact resolution, or terms you specified in your purchase.. locate the fine print & come back here with the exact language you agreed to when you bought that artwork.. you can call it royalty free or whatever you remember believing or reading... but for any kind of legal discussion, why not bring forth the exact legal language covering that real life purchase... and thereby create the opportunity for a meaningful conversation rather then a bunch of hearsay.
Locals Find!
New Member
I had read the article and was confused by some points. Which had me thinking about my situation. The photo I purchased a license to use, I had recreated. Not very different than what this guy did in the article with his pixelation. Except he didn't purchase a license.
Since, I was confused that was why I asked the question. I figured since I was unclear asking the question was in line with the thread.
I apologize if it wasn't in line with the discussion to ask for clarification on a point I was confused on.
Since, I was confused that was why I asked the question. I figured since I was unclear asking the question was in line with the thread.
I apologize if it wasn't in line with the discussion to ask for clarification on a point I was confused on.
iSign
New Member
Adtechia, most of my post was to Shakey... after quoting him... sounds like you think it was all to you perhaps...
Once i addressed you, my intent was to acknowledge what I consider to be a very relevant question.. "possibly also worthy of it's own thread" ...but never intended to leave you with the impression that I was questioning your right to ask it here...
but I do think it's fair to say that if you want any meaningful reply, to a question centered specifically around what rights or privileges you purchased under a written agreement you "signed off" on... that you need to find that written agreement, and bring it here & paste it in so the replies you get are not just another meaningless collection of conjecture... does that seem reasonable?
Once i addressed you, my intent was to acknowledge what I consider to be a very relevant question.. "possibly also worthy of it's own thread" ...but never intended to leave you with the impression that I was questioning your right to ask it here...
but I do think it's fair to say that if you want any meaningful reply, to a question centered specifically around what rights or privileges you purchased under a written agreement you "signed off" on... that you need to find that written agreement, and bring it here & paste it in so the replies you get are not just another meaningless collection of conjecture... does that seem reasonable?
Locals Find!
New Member
Yes it does Doug. I think I will do just that also.
shakey0818
New Member
I do understand ya comment Doug,but you should know almost all threads get off topic a bit.Sometimes they bring up different ideas which could get other threads started.Your right this topic should kinda keep to the point cause it very well could go into many different direction.
CheapVehicleWrap
New Member
Have you done this?
shakey0818
New Member
I'm thinking about it but i want Nike to pay me to have it put on.
HulkSmash
New Member
all day every day
jasonx
New Member
I think the blog Jon references teaches us some interesting lessons in terms of the business were in. The most important lesson is don't open yourself to the possibility of finding yourself in the same situation. Get permission from the copyright holder or don't use it.
This isn't about being wrong or right its about what is and what isn't going to cost your business money. You can always win a court case doesn't mean you are going to financially benefit from it. In the end I'd assume most people run a business for profit.
This isn't about being wrong or right its about what is and what isn't going to cost your business money. You can always win a court case doesn't mean you are going to financially benefit from it. In the end I'd assume most people run a business for profit.